HomeMy WebLinkAboutPlanning Commission 2021-10-26 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, October 26, 2021, 7:00 P.M.
AGENDA
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2021-10-26
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an
in-person meeting location for the public to attend. This meeting will be held virtually
using Zoom.
How to participate in the meeting:
• Submit public comments in writing. Correspondence received by 5:00 p.m. the
Wednesday before this public hearing will be provided with the agenda materials
provided to the Commission. Correspondence received after this deadline but by
5:00 p.m. the day of the hearing will be conveyed to the Commission as a
supplement. Send correspondence to the project planner and
city.clerk@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are limited to three minutes per person and may be on anything within the subject
matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on
agenda items will be heard at the time the item is discussed.
CONSENT CALENDAR
The Consent Calendar allows the Board to take action, without discussion, on Agenda items
for which there are no persons present who wish to speak, and no Board members who wish
to discuss.
1. Approval of the Planning Commission Meeting Minutes of October 12, 2021
Recommended Action – Approve minutes as submitted
ACTION ITEM
2. Tiscornia Marsh Restoration Project, North of Canal Street – Public hearing for the Draft
Environmental Impact Report (DEIR) prepared to assess the environmental impacts of the
Tiscornia Marsh Restoration Project. The Tiscornia Marsh Restoration Project proposes to
restore the tidal marsh/mudflats located north and outboard of Canal Street, as well as the
City-owned diked marsh located north of the Albert J. Boro Center/Pickleweed Park
Playfields. APNs: 009-142-01, 009-032-08 and -09; Park/Open Space- Wetland Overlay
(P/OS-WO) District. Applicant: Marin Audubon Society; Property Owners: Marin Audubon
Society and City of San Rafael.
Project Planners:
Leslie Mendez Leslie.Mendez@cityofsanrafael.org
April Miller April.Miller@cityofsanrafael.org
Recommended Action – Take public testimony on the Draft Subsequent EIR for the project
and provide comments to staff on the Draft EIR
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by
dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available
in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee
of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of
San Rafael, and shall set forth the basis for appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of October 26, 2021
San Rafael Planning Commission
Regular Meeting
Tuesday, October 12, 2021, 7:00 P.M.
MINUTES
Virtual Meeting
Watch on Webinar: https://tinyurl.com/PC-2021-10-12
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an
in-person meeting location for the public to attend. This meeting will be held virtually
using Zoom and is being streamed to YouTube at www.youtube.com/cityofsanrafael.
How to participate in the meeting:
• Submit public comments in writing before 4:00 p.m. the day of the meeting to
Leslie.Mendez@cityofsanrafael.org.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@cityofsanrafael.org or phone at 415-485-3066) who will use their best
efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
Present: Chair Samudzi
Commissioner Haveman
Commissioner Lubamersky
Commissioner Mercado
Vice Chair Previtali
Commissioner Saude
Absent: Commissioner Harris
Also Present: Leslie Mendez, Planning Manager
Steve Stafford, Senior Planner
CALL TO ORDER
Chair Samudzi called the meeting to order at 7:00 p.m. He then invited Planning Manager
Leslie Mendez to call the roll. All commissioners were present, except Commissioner Harris.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Samudzi invited Planning Manager Leslie Mendez who informed the community the
meeting would be streamed live to YouTube and members of the public would provide
public comment either on the telephone or through Zoom. She explained the process for
community participation on the telephone and Zoom.
ORAL COMMUNICATIONS FROM THE PUBLIC
None
CONSENT CALENDAR
Chair Samudzi invited public comment; however, there was none.
Commissioner Lubamersky moved and Commissioner Haveman seconded to approve the
Minutes.
1. Approval of the Planning Commission Meeting Minutes of September 28, 2021
Approved minutes as submitted
AYES: Commissioners: Haveman, Lubamersky, Mercado, Previtali, Saude & Chair
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Harris
ABSTAIN: Commissioners: None
Motion carried 6-0
ACTION ITEM
2. 800 Mission Ave. (“Aegis Living San Rafael”) –
Resolution of the City of San Rafael Planning Commission Amending Use Permit
(UP21-006) and an Environmental and Design Review Permit (ED21-022) Approvals to
Allow an 11’ 2” Increase in Height, from 36’ to 47’ 2”, and Increase in Rooms, from 77
to 103 rooms, and an Increase in Beds, from 88 to 105 beds for a Previously Approved
Senior Living Facility with Memory Care Services, with 40 Garage Parking Spaces and
Site Improvements on Two Vacant Downtown Lots Located at 800 Mission Ave.
(APNS: 011-184-08 & -09)
Steve Stafford, Senior Planner presented the Staff Report.
Staff responded to questions from the Commissioners.
Applicant Team gave a presentation.
Applicant Team responded to questions from the Commissioners.
Chair Samudzi invited public comment.
Speakers: Nina Lilienthal-Murphy, Lincoln San Rafael Hill Neighborhood Association, Kay
Karchevski, Anna de Benedictis
Commissioners provided comments.
Staff and Applicant Team responded to comments and further questions from the
Commissioners.
Commissioner Mercado moved and Commissioner Saude seconded to adopt the resolution.
AYES: Commissioners: Haveman, Lubamersky, Mercado, Saude & Chair Samudzi
NOES: Commissioners: Previtali
ABSENT: Commissioners: Harris
ABSTAIN: Commissioners: None
Motion carried 5-0
Resolution 21-08 - Resolution of the City of San Rafael Planning Commission Amending
Use Permit (UP21-006) and an Environmental and Design Review Permit (ED21-022)
Approvals to Allow an 11’ 2” Increase in Height, from 36’ to 47’ 2”, and Increase in Rooms,
from 77 to 103 rooms, and an Increase in Beds, from 88 to 105 beds for a Previously
Approved Senior Living Facility with Memory Care Services, with 40 Garage Parking
Spaces and Site Improvements on Two Vacant Downtown Lots Located at 800 Mission
Ave. (APNS: 011-184-08 & -09)
DIRECTOR’S REPORT
Planning Manager reported on the following items:
• City Council accepted comments on the San Rafael Transit Center Draft Environmental
Impact Report (DEIR).
• Caltrans closure of the San Rafael off-ramp as part of the Grand Avenue bridge project
from Friday, October 22 at 10 p.m. through Monday, October 25 at 5 a.m.
• Housing Element Community Meeting is expected to be held on Wednesday, October 27.
Notices to go out soon.
• City recently hired Jacob Noonan, Housing Program Manager and Alexis Captanian,
Housing Program Analyst
COMMISSION COMMUNICATION
• Commissioner Saude commented on the tough meeting tonight, but was glad that they
could carry a good debate.
• Vice Chair Previtali announced the Othering and Belonging Institute at UC Berkeley to
hold a remote conference on Monday, October 18 and Tuesday, October 19.
• SB 9 discussion
• Commissioner Mercado backed up Commissioner Saude’s comment regarding the
meeting tonight.
• Vice Chair Previtali commented on the New York Times article, Where the Suburbs End.
ADJOURNMENT
Chair Samudzi adjourned the meeting at 9:13 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
SHINGAI SAMUDZI, Chair
Community Development Department – Planning Division
Meeting Date: October 26, 2021
Agenda Item:
2
Case
Numbers:
UP21-001, ED21-002,
& IS21-001
Project
Planner:
Leslie Mendez, Planning
Manager & April Miller,
Assistant Public Works
Director
REPORT TO PLANNING COMMISSION
SUBJECT: Tiscornia Marsh Restoration Project, North of Canal Street – Public hearing for the
Draft Environmental Impact Report (DEIR) prepared to assess the environmental impacts of the
Tiscornia Marsh Restoration Project. The Tiscornia Marsh Restoration Project proposes to restore
the tidal marsh/mudflats located north and outboard of Canal Street, as well as the City-owned diked
marsh located north of the Albert J. Boro Center/Pickleweed Park Playfields. APNs: 009-142-01,
009-032-08 and -09; Park/Open Space- Wetland Overlay (P/OS-WO) District. Applicant: Marin
Audubon Society; Property Owners: Marin Audubon Society and City of San Rafael.
EXECUTIVE SUMMARY
Marin Audubon Society (MAS), project applicant, has filed Use Permit and Environmental and Design
Review Permit applications to pursue a restoration of the Tiscornia Marsh and adjacent City-owned diked
marsh located north of Canal Street. In late 2020, these planning applications and restoration plans were
reviewed by City staff, and it was determined that the project has the potential to result in significant,
physical environmental effects. The preparation of an Environmental Impact Report (EIR) was
recommended. Consistent with the California Environmental Quality Act (CEQA) Guidelines, the City
issued a Notice of Preparation (NOP) announcing that an EIR would be prepared to assess the impacts of
the project. The NOP included a 30-day public review for pertinent agencies, interested organizations, and
the public to comment on the scope of issues to be studied in the EIR. On February 23, 2021, the Planning
Commission conducted a public “scoping hearing” to allow for public comment. The Commission confirmed
the scope of issues for study and directed that staff proceed with the preparation of an EIR.
A Draft Environmental Impact Report (DEIR) has been completed and was released for public review on
September 10, 2021. Per the CEQA Guidelines, a minimum 45-day public review period has been
observed for the submittal of comments on the DEIR (review period closing on October 26, 2021). During
this public review period, the Planning Commission is required to conduct a public hearing on the DEIR.
Comments on the DEIR that have been received as of the release date of this staff report (Thursday,
October 21, 2021) are attached (Exhibit 2).
The DEIR has been prepared in accordance with the CEQA Guidelines, which finds that the project would
not result in any significant, unavoidable impacts that cannot be mitigated. The DEIR finds that all
potentially significant impacts can be mitigated to a less-than-significant level through implementation of
recommended mitigation measures. The DEIR is adequate and thorough. Therefore, it is recommended
that the City proceed with preparation of a Final EIR (FEIR), which will include a response to all comments
submitted on the DEIR.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 2
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1. Accept public testimony and comments on the DEIR.
2. Direct staff to prepare a Final Environmental Impact Report/Response to Comments (FEIR).
BACKGROUND
Site Description & Setting:
The Tiscornia Marsh site covers 21 acres of tidal marsh and bay lands and well as 2,000 feet of shoreline
levee/trail located north of East Canal Street. The property, which is owned by MAS is bound to the: a)
south by a shoreline levee, Schoen Park (small City-owned park/playground) and Canal Street; b) west by
the Albert J Boro Community Center and Pickleweed Park; c) east by the San Rafael Bay; and d) north by
the San Rafael Creek. The neighboring Albert J Boro Community Center and Pickleweed Park covers
approximately 15 acres which includes an active community center, community park, and an expansive
playfield. Included in the City-owned holdings is an undeveloped, four-acre diked salt marsh, which is
located north of the large playfield. Although subject to flooding in the winter months, this diked salt marsh
is enclosed by a perimeter levee and contains a well-used, informal pedestrian trail, which loops through
the area.
Figure 1: Tiscornia Marsh Restoration Project Location
The Tiscornia Marsh has experienced considerable erosion along its bayward edge, which is attributed to
direct wave action from the bay. Over the last 30 years, approximately three acres of the tidal marsh has
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 3
been lost to this erosion, which has dramatically impacted habitat for species such as the California
Ridgway’s Rail and Salt Marsh Harvest Mouse. Under current conditions, it is expected that this erosion
will continue and will likely increase as sea level rises. The second critical issue for this general area is
flooding. The adjacent Canal neighborhood is low-lying and is currently at risk to coastal flooding (as well
as sea level rise).
History:
In June 2016, the voters of the nine Bay Area counties approved Measure AA, a parcel tax measure. The
tax measure is a $12.00 per year tax on every parcel in the Bay Area. The purpose of Measure AA is to
generate $500 million over a 20-year period for critical tidal marsh restoration projects around the San
Francisco Bay. The goal is to improve water quality, restore habitat for wildlife, protect communities from
flooding and increase shoreline public access.
Applications for Measure AA funds for local restoration projects are initiated annually by the San Francisco
Bay Restoration Authority. In fall 2018, a second call for applications was released and MAS applied for
funding. As required by the application process MAS was required to submit an endorsement of the
application by the local jurisdiction (City). On October 1, 2018, the City Council reviewed this request and
adopted Resolution No. 14592 authorizing the application endorsement. As part of this review, the City
Council acknowledged it role as the lead agency on this project for permitting and environmental review.
PROJECT DESCRIPTION
Marin Audubon Society is pursuing the restoration of the Tiscornia Marsh, which would include the
contiguous City-owned dike marsh. The project objectives are as follows:
• Restore the project area to improve ecological function and habitat quantity, quality, and
connectivity for native marsh species and marsh upland transition species, including special-status
species.
• Protect the project site marshlands from future marsh edge erosion.
• Increase the level of flood protection for the Canal neighborhood and other nearby communities of
Central San Rafael.
• Create sustainable benefits that consider future environmental changes such as sea level rise and
sedimentation.
• Maintain and improve public access to passive recreation and outdoor education opportunities
(e.g., hiking, jogging and bird watching).
Tiscornia Marsh would be restored to its former extent by beneficially reusing dredged material from local
sources. A coarse beach would be constructed along the bay ward edge of the restored marsh to resist
future erosion. Tidal action would also be restored to the City-owned diked marsh at the north end of
Pickleweed Park. Altogether, the project would reconstruct approximately four acres of eroded tidal marsh,
preserve and protect the approximately eight remaining acres of Tiscornia Marsh, and restore
approximately five acres of diked marsh (City-owned area north of the Pickleweed Park playfields) by
reconnecting it to tidal inundation. The project also proposes to construct a new 600-foot setback levee
and improve approximately 1,100 feet of shoreline levee to achieve greater flood protection, public access,
and habitat benefits. In sum, the major project elements include the:
Introduction of a course, rocky beach;
Reconstruction of the eroded tidal marsh;
Restoring the diked marsh to the bay;
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 4
Shoreline levee improvements; and
Development of an ecotone slope.
Figure 2: Restoration Plan
Since the initial development of the restoration plan, minor revisions to the plan have been made to align
with several City-sponsored projects within the park and community center area. Among these projects is
a storm drain outfall and trash capture program, which, if implemented, would necessitate some
adjustments that would transition to and join with to tie-off the elevated western levee in the restoration
plan.
Use Permit and Environmental and Design Review Permit applications have been filed for this project. The
grading and restoration of wetlands (including filling and cutting/dredging) requires a Use Permit per SRMC
Sections 14.13.030 and 14.13.050 (Wetland Overlay District). Grading as a primary use (not linked to the
construction of a building) requires an Environmental and Design Permit per SRMC Section
14.25.040A.3.b, as it is considered a major site improvement (involves in excess of 1,000 cubic yards of
fill and 2,000 cubic yards of cut). Construction-related City permits required for this project include a
Grading Permit and a Tideland Permit. Permits and clearances are required by other regulatory agencies
including, but not limited to the US Army Corps of Engineers, Bay Conservation and Development
Commission (BCDC), California Department of Fish & Wildlife (CDFW), and the California Regional Water
Quality Control Board (RWQCB)
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 5
ENVIRONMENTAL ANALYSIS AND REVIEW
Notice of Preparation – EIR Required:
Pursuant to the requirements of the California Environmental Quality Act (CEQA) Guidelines, this project
is subject to environmental review. In early 2021, it was determined that the project has the potential to
result in significant impacts on the environmental, and that an Environmental Impact Report (EIR) should
be prepared to assess these potential impacts. Consistent with CEQA Guidelines Section 15082, a Notice
of Preparation (NOP) was released in January 2021 for a 30-day public review to: a) announce the
commencement of the EIR preparation process; and b) solicit comments from responsible and trustee
agencies, utility providers, organizations, and the public concerning the scope of issues to be studied in
the EIR. Per the City’s Environmental Review Procedures, the Planning Commission conducted a public
“scoping” hearing on February 23, 2021. The Planning Commission accepted public comments, provided
comments on the scope of issues, and directed staff to proceed with the preparation of a Draft
Environmental Impact Report (DEIR).
As part of the NOP process, based on the preliminary review of project application materials, including the
project description and plans, the following environmental impact topic areas were determined to clearly
not apply to this project and would not warrant further discussion or study in the EIR:
Agriculture and Forestry Resources
Energy
Mineral Resources
Population/Housing
This determination was made as there are no agricultural activities/uses, forestry resources, or existing
housing on the project site. Further, the proposed use and its construction would not: a) result in wasteful,
inefficient, or unnecessary consumption of energy resources; b) conflict with plans for renewable energy.
Tribal Consultation – AB 52
Consistent with the requirements and protocols of State Resources Code Section 21080.3.1 (AB 52) and
CEQA Guidelines Section 15064.5, the City, as a lead agency must offer an opportunity for early
consultation with the local Native American tribe. In February 2021, the City initiated the tribal consultation
process through a request with the Federated Indians of Graton Rancheria (FIGR).
City staff met with representatives of the FIGR in spring 2021, which included an exchange of the cultural
resources assessment prepared for the project area provide by ESA, Inc. In this meeting, there was a
discussion of the resources assessment as well as recommended grading and construction protocols and
requirements. These grading and construction protocols and requirements have been included in the
cultural resource section of the DEIR (discussed below).
Draft Environmental Impact Report (DEIR) Completed:
As directed by the Planning Commission, a DEIR has been completed. A Notice of Completion was
released and filed with the State Clearinghouse on September 10, 2021. In tandem with this filing, the
City sent (via US Mail and noticed publication in the Marin Independent Journal) a Notice of
Availability/Notice of Public Hearing to: a) the regulatory agencies with project oversight; b) local interest
groups and organizations as well as homeowner/neighborhood associations; and c) property owners and
residents within 400 feet of the project area. A minimum 45-day public review period has been observed
for the submittal of comments on the DEIR. The public comment period closes on the date of the Planning
Commission hearing on the DEIR (October 26, 2021). The DEIR can be accessed on the Tiscornia Marsh
webpage.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 6
The primary purpose of the DEIR is to provide full disclosure and information regarding a project’s potential
physical impacts on the environment in advance of deciding on a project, and to require feasible mitigation
to reduce or eliminate impacts that have been identified. The DEIR identifies the following three
environmental impact finding categories and the conclusions/determinations reached for the Tiscornia
Marsh Restoration Project:
Significant, Unavoidable Adverse Impact Determination
Of the topic areas that were assessed and studied, the DEIR has concluded that the restoration project
will result in no unavoidable adverse environmental impacts that cannot be mitigated.
No Impact & Less-than-Significant Impact Determination
The DEIR concluded that the restoration project would result in either no impacts or less-than-
significant impact in the following topic areas:
Aesthetics
Biological Resources (wetlands and riparian habitat impacts)
Greenhouse Gas Emissions
Hydrology/Water Quality
Agriculture/Forest Resources
Energy
Geology and Soils
Hazardous Materials
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
Wildfire
Less-than-Significant Impact with Incorporation of Mitigation Measures Determination
The DEIR has concluded that the restoration project would result in potentially significant impacts but
recommends mitigation measures that would reduce these impacts to a less-than-significant level. A
summary of the DEIR topic areas where this finding has been reached, as well as the mitigation
measures that are recommended is provided as follows:
Air Quality - The DEIR has assessed air quality impacts associated with project. While the
project would not result in permanent air quality impacts, project construction would result in
temporary pollutants, exposing sensitive receptors (e.g., nearby residential uses) to substantial
pollutant concentrations. To reduce this significant, temporary, construction-related impact to
a less-than-significant level, the DEIR recommends two mitigation measures. Mitigation
Measure 3.3-1 would require that the project proponent/construction contractor comply with and
implement the Bay Area Air Quality Management District (BAAQMD) basic construction
standards, which would involve, among others: a) covering trucks hauling soil material; b)
watering soil exposed surfaced twice daily during construction; and c) limiting idle times on
construction equipment and hauling vehicles. Second, Mitigation Measures 3.3-2 would require
that the project proponent/construction contractor be required to use off-road diesel
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 7
construction equipment that is in compliance with the EPA Tier 4 Non-road Engine Standards.
Biological Resources – The DEIR has assessed biological impacts associated with the project.
As part of this assessment, the site was analyzed for special-status species as the area
provides potential habitat for, among others, the California Black Rail, the California Ridgeway’s
Rail, and the Salt Marsh Harvest Mouse. The DEIR concludes that when completed, the
restoration project would have beneficial impacts to biological resources by improving habitat.
However, project construction (particularly earth movement/grading and pile driving) has the
potential to significantly impact biological resources. The following mitigation measures are
recommended to reduce the construction-related impacts to a less-than-significant level:
o To ensure that field management and construction personnel are made aware of the
biological resources and the protocols needed to protect these resources, pre-construction
training for all personnel is recommended. Mitigation Measure BIO 3.4-1 calls for the
development and implementation of a Worker Environmental Awareness Training (WEAT)
to be conducted by a qualified biologist.
o To avoid and minimize impacts on the California Black Rail and the California Ridgeway’s
Rail, Mitigation Measure BIO 3.4-2 recommends that construction and vegetation
management necessitating the use of heavy equipment that would occur adjacent to the
tidal marsh shall be avoided during the breeding season from February 1 through August
31. If work cannot be avoided during the breeding season, protocol-level surveys
(consistent with US Fish & Wildlife Service protocols) are to be conducted during periods of
peak detectability (January 15 through March 25). This measure also includes specific
measures such as construction setbacks if the species is determined to be present in the
project area.
o To minimize impacts to nesting birds, Mitigation Measure BIO 3.4-3 recommends that the
removal of trees and scrub vegetation occur outside the bird nesting season (February 1
through August 31). This measure requires precautions similar to the protocols required by
Mitigation Measure BIO 3.4-2 if vegetation removal occurs during the nesting season.
o Potential habitat for the Salt Marsh Harvest Mouse, a special-status species, occurs in
areas of pickleweed cover as well as salt marsh vegetation. Mitigation Measure BIO 3.4-4
recommends avoiding the habitat area to the extent feasible, that the habitat area be
fenced, and that construction staging, and hauling be sited a minimum of 50 feet from the
habitat area.
o Mitigation Measure BIO 3.4-5 recommends that prior to the commencement of construction,
a qualified biologist should conduct a survey of special-status plant species (several known
species expected in the project area). If any of the special-status species are present at
the time the survey is conducted, the area is to be fenced to ensure that it is not disturbed
or destroyed during construction.
o Some elements of the project would require the installation of pile-driven piers. The noise
and vibration associated with pile driving in the water could potentially impact fish and
marine mammals. Mitigation Measure BIO 3.4-6 recommends that the project sponsor
prepare a NOAA-approved sound attenuation monitoring plan, which is to be implemented
during construction. This plan is to include, among others: a) a seasonal restriction on in-
water construction permitting a work window of June 1 through November 30.; and b)
establishment of a safety zone for marine mammals; and c) a requirement to temporarily
halt pile driving activities when a marine mammal enters the safety zone.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 8
o To ensure maximum protection to trees, Mitigation Measure BIO 3.4-7 recommends that
tree-related work (removal, planting and pruning) adhere to the provisions of the San Rafael
Municipal Code Section 11.12 (Title 11- Public Works, Trees).
Cultural/Tribal Resources - The DEIR has assessed cultural and tribal resource impacts
associated with the project. The project has the potential to encounter archaeological
resources during site grading and construction. As discussed above, tribal consultation with
FIGR was initiated by City staff earlier this year. As a result of this consultation and consistent
with the City’s Archaeological Resources Protection Procedures, the DEIR recommends
specific mitigation to be followed to address resources or human remains if encountered during
construction. Mitigation Measure CUL-1 recommends that prior to construction, a qualified
archaeologist provide resource awareness training to the project sponsor and construction
personnel. The awareness training includes providing the personnel with the appropriate steps
that are taken in the event resources are encountered. In addition, Mitigation Measure CUL-2
recommends specific procedures and protocols to be taken in the event human remains are
encountered, which include notifying the Marin County Coroner and the appropriate FIGR
representatives.
Traffic and Transportation - The DEIR has assessed traffic and transportation related impacts
associated with the project. While the restoration project would not result is any changes to
traffic or transportation links and services when it is completed, project construction will result
in temporary truck and construction vehicle traffic disruption in a residential neighborhood.
Mitigation Measure TRAN-1 recommends that a Construction Traffic Control Plan be developed
and implemented during construction. The plan is to include the development of a truck route,
staging area and safe access, as well as pre-construction notification to San Rafael City
Schools (Bahia Vista Elementary School near the project site).
Project Alternatives
CEQA requires that an EIR describe a range of reasonable alternatives to a project, which would
feasibly attain most of the basic objectives of the project with the goal to avoid or substantially lessen
any of the significant effects of the project. During the NOP process several project alternatives were
identified for consideration with some being rejected as they did not meet the basic project objectives.
The DEIR has identified and assessed the following three alternatives, which includes a “No Project”
alternative required by the CEQA Guidelines. The following is a summary of and the findings for each
alternative:
1. “No Project” alternative (Alternative 1). This alternative assumes that the project would not be
pursued or developed and that the site would not be restored. Under this scenario: a) the Tiscornia
Marsh would continue to erode and would ultimately be eliminated over time; and b) the levee
would not be raised so the area will continue to be vulnerable to impacts from increased flooding
and projected sea level rise.
2. “Reduced Project – Reduced Tiscornia Marsh” alternative (Alternative 2). This alternative assumes
a reduction in the area proposed for restoration. Specifically, the easternmost portion of the
restoration area under the proposed project, which includes the coarse beach and marsh
connection to the tidal channel would not be constructed. The impacts of bay fill under this scenario
would be reduced; however, it would result in less habitat area and the new marsh would be more
exposed to the bay tides making it vulnerable to future erosion.
3. “Reduced Project – Eliminate Diked Marsh Restoration” alternative (Alternative 3). This alternative
assumes a reduction in the area proposed for restoration. Specifically, the westernmost portion of
the restoration area under the proposed project, the diked marsh owned by the City of San Rafael
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 9
would not be constructed. The construction activity and site disturbance would be less under this
scenario; however, it would result in substantially less habitat and flood protection benefit.
The CEQA Guidelines require that the EIR identify which of the studied alternatives is the
“environmentally superior” alternative (the alternative resulting in the least environmental impacts).
The DEIR has concluded that Alternative 3 would be the environmentally superior or “preferred”
alternative as it involves the least amount of construction activity, grading and site disturbance.
However, this alternative would only partially meet the project objectives and would result in
substantially less habitat and flood protection benefit.
Conclusions
The DEIR has been prepared in accordance with the CEQA Guidelines. The document is thorough, and
the findings are supported by substantial evidence and sound technical studies. It is recommended that
the Planning Commission direct staff to proceed with the preparation of the Final EIR/Response to
Comments. This step will also include the preparation of a Mitigation Monitoring and Reporting Program
(MMRP), which will lay out how the mitigation measures will be: a) mandated through the planning permit
actions; and b) implemented to ensure that the significant impacts will be effectively reduced.
NEXT STEPS
The environmental consultant will respond to the comments raised at the DEIR hearing and prepare a
Final EIR (FEIR). The FEIR, along with the project planning applications (Use Permit and Environmental
and Design Review Permit), will be considered by the Commission at the public hearing (tentatively
scheduled for December 2021). The Planning Commission has decision-making authority over the
requested permits, so its action on these applications is final unless appealed to the City Council.
CORRESPONDENCE
Correspondence received as of the writing (or publication) of this staff report on the DEIR is presented is
attached (Exhibit 2). Correspondence received after Wednesday, October 20, 2021 to Tuesday, October
26, 2021 will be forwarded to the Commission under separate cover and will be posted on the Tiscornia
Marsh webpage.
EXHIBITS
1. Notice of Completion/Availability of DEIR; September 10, 2021
2. Correspondence/Public Comments
DEIR, plans/documents and supportive studies can be accessed on the Tiscornia Marsh webpage:
Tiscornia Marsh Restoration Project - San Rafael (cityofsanrafael.org)
Lead Agency:
Project Description: (please use a separate page if necessary)
Present Land Use/Zoning/General Plan Designation:
Economic/Jobs Public Services/Facilities Traffic/Circulation Other:
Drainage/Absorption Population/Housing Balance Toxic/Hazardous Cumulative Effects
Coastal Zone Noise Solid Waste Land Use
Biological Resources Minerals Soil Erosion/Compaction/Grading Growth Inducement
Archeological/Historical Geologic/Seismic Sewer Capacity Wetland/Riparian
Air Quality Forest Land/Fire Hazard Septic Systems Water Supply/Groundwater
Agricultural Land Flood Plain/Flooding Schools/Universities Water Quality
Aesthetic/Visual Fiscal Recreation/Parks Vegetation
Project Issues Discussed in Document:
Water Facilities: Type MGD Other:
Recreational: Hazardous Waste: Type
Educational: Waste Treatment: Type MGD
Industrial: Sq.ft. Acres Employees Power: Type MW
Commercial: Sq.ft. Acres Employees Mining: Mineral
Office: Sq.ft. Acres Employees Transportation: Type
Residential: Units Acres
Development Type:
Community Plan Site Plan Land Division (Subdivision, etc.) Other:
General Plan Element Planned Unit Development Use Permit Coastal Permit
General Plan Amendment Master Plan Prezone Redevelopment
General Plan Update Specific Plan Rezone Annexation
Local Action Type:
Mit Neg Dec Other: FONSI
Neg Dec (Prior SCH No.) Draft EIS Other:
Early Cons Supplement/Subsequent EIR EA Final Document
CEQA: NOP Draft EIR NEPA: NOI Other: Joint Document
Document Type:
Airports: Railways: Schools:
Within 2 Miles: State Hwy #: Waterways:
Assessor's Parcel No.: Section: Twp.: Range: Base:
Longitude/Latitude (degrees, minutes and seconds): ° ′ ″ N / ° ′ ″ W Total Acres:
Cross Streets: Zip Code:
Project Location: County: City/Nearest Community:
City: Zip: County:
Mailing Address: Phone:
Contact Person:
Notice of Completion & Environmental Document Transmittal
Mail to: State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613
For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814
Project Title:
SCH #
Note: The State Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or
previous draft document) please fill in. Revised 2010
Appendix C
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Revised 2010
Reviewing Agencies Checklist
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X".
If you have already sent your document to the agency please denote that with an "S".
Air Resources Board Office of Historic Preservation
Boating & Waterways, Department of Office of Public School Construction
California Emergency Management Agency Parks & Recreation, Department of
California Highway Patrol Pesticide Regulation, Department of
Caltrans District # Public Utilities Commission
Caltrans Division of Aeronautics Regional WQCB #
Caltrans Planning Resources Agency
Central Valley Flood Protection Board Resources Recycling and Recovery, Department of
Coachella Valley Mtns. Conservancy S.F. Bay Conservation & Development Comm.
Coastal Commission San Gabriel & Lower L.A. Rivers & Mtns. Conservancy
Colorado River Board San Joaquin River Conservancy
Conservation, Department of Santa Monica Mtns. Conservancy
Corrections, Department of State Lands Commission
Delta Protection Commission SWRCB: Clean Water Grants
Education, Department of SWRCB: Water Quality
Energy Commission SWRCB: Water Rights
Fish & Game Region # Tahoe Regional Planning Agency
Food & Agriculture, Department of Toxic Substances Control, Department of
Forestry and Fire Protection, Department of Water Resources, Department of
General Services, Department of
Health Services, Department of Other:
Housing & Community Development Other:
Native American Heritage Commission
Local Public Review Period (to be filled in by lead agency)
Starting Date Ending Date
Lead Agency (Complete if applicable):
Consulting Firm: Applicant:
Address: Address:
City/State/Zip: City/State/Zip:
Contact: Phone:
Phone:
Signature of Lead Agency Representative: Date:
Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
From:
To:
Subject:
Date:
Jonathan Knight
Theo Sanchez
I support the Tiscornia Marsh Project
Monday, October 18, 2021 12:24:02 PM
Hello Mr. Sanchez,
I am writing as a Marin resident concerned both about environmental disaster and racial
equity. The Canal District of San Rafeal is a valued part of the Marin community and we need
to come together to protect it. The Canal is one of the most vulnerable communities to
flooding and our most economic and racially vulnerable at the same time. This is very often a
combination that leads to devastation for families. I fully support funding the Tiscornia Marsh
Project and doing everything we can to protect our vulnerable communities.
Thank You,
--
Jonathan Knight
San Anselmo, CA 94960
From:
To:
Subject:
Date:
jess lerner
Theo Sanchez
Feedback re: Tiscornia Marsh Project
Monday, October 18, 2021 11:29:55 AM
Dear Mr. Sanchez,
**Please put these comments on record and share with relevant City Council
members and officials.**
Selected properties along the Canal shoreline are at high risk of coastal
flooding due to sea-level rise and climate change, bay waves and tides are
increasing in volume. Because the water level is increasing, severe flooding is
likely to happen within 5 to 10 years, rather than 100 years as previously
predicted.
The land most vulnerable to sea level rise in Marin is also the home to one
of the most vulnerable communities of color in the county.
The goal of the Tiscornia Marsh project is to enhance the ecological
function of the Tiscornia Marsh property and increase flood protection for
the Canal neighborhood, while maintaining the community value of the
Albert J. Boro Community Center and Pickleweed Park.
We need funding for projects like this that will protect these most
vulnerable communities from environmental catastrophe, and enhance the
sustainability of the Bay at the same time.
Please protect these communities, protect our ecological integrity, and do
the work needed to face imminent risk from climate change and sea level
rise now, and support the Tiscornia Marsh Project.
Thank you for sharing these comments!
Jess Lerner
Fairfax
From:
To:
Subject:
Date:
Kristi Denham
Theo Sanchez
Tiscornia Marsh Project
Monday, October 18, 2021 10:51:15 AM
Dear Mr. Sanchez,
My family are long time residents of Marin. We support the efforts of the Tiscornia
Marsh Project to protect the Canal Community from flooding due to rising sea levels.
Please do all that you can to ensure that this project goes through. It is past time for
us to address the dangers of sea level rise and its impact on our most vulnerable
communities who always seem to be too easily forgotten, especially when the short
term price is high and the wealthier communities around us don't see it as a problem
they will face. Please. Do the right thing and support this important work.
Thank you in advance.
Sincerely,
Rev. Kristi Denham
From:
To:
Subject:
Date:
Anna Costello
Theo Sanchez
Support the Tiscornia Marsh Project!
Monday, October 18, 2021 11:38:07 AM
Dear Mr. Sanchez,
As a resident of San Rafael, I have seen firsthand how vulnerable the Canal community is to
flooding and the hazardous weather conditions that climate change will continue to
exacerbate. I wanted to express my full support for the Tiscornia Marsh Project which will
both support the ecological well-being of the Tiscornia Marsh as well as protect the residents
of the community with increased flood protection. This project is vital to proactively protect
the community from flood damage and emergency scenarios. Please do all in your power to
support the Tiscornia Marsh Project and the Canal community who is very vulnerable and
requires our resources and attention now! Marin County values ecological sustainability
highly and this project will be highly favorable to the wider Marin community.
The Canal residents are some of the most vulnerable communities to flooding, sea level rise,
and climate change impacts in our county. Please support the Tiscornia Marsh Project to take
proactive action to support the ecology and local community. Thank you for your attention
and support!
Best,
Anna
From:
To:
Subject:
Date:
Taylor Renee
Theo Sanchez
Tiscornia Marsh Project
Monday, October 18, 2021 11:29:01 AM
Dear Mr. Sanchez,
As a resident of San Rafael, I support the efforts of the Tiscornia Marsh Project to
protect the Canal Community from flooding due to rising sea levels. This community
is one of the most vulnerable populations and I believe it is critical to protect them by
supporting this project. We will do whatever is necessary to protect the Canal District
residents' homes because this community is valued as a major part of San Rafael and
Marin County in general. Thank you for your consideration.
Sincerely,
--
Taylor Newcomb
Birth Doula
From:
To:
Subject:
Date:
LORI JOHNSON
Theo Sanchez
Tiscornia Project
Monday, October 18, 2021 11:25:06 AM
Dear Mr. Sanchez,
I am a resident of Marin County and I am writing to support the efforts of the Tiscornia
Marsh Project to protect the Canal Community from flooding due to rising sea levels.
It’s no coincidence that the land most vulnerable to sea level rise in Marin is also the home
to one of the most vulnerable communities of color in the state. We need to let the
politicians know that we demand funding for projects like this that will protect these
communities from environmental catastrophe and enhance the sustainability of the Bay at
the same time.
Sincerely,
Lori Johnson